Former High Court President Peter Kelly resigns judge role in Dubai courts after criticism

Former High Court President Peter Kelly has resigned as a judge of the Dubai International Financial Centre Courts.

His resignation comes as pressure mounted following the resignation of former Chief Justice Mr Justice Frank Clark to the same court in the United Arab Emirates (UAE) at the weekend.

In a statement today, Mr Kelly said: “I have decided to resign from the Court of Appeal of the DIFC since, as a private citizen, I do not want this controversy to disrupt my future time in retirement.”

Mr Kelly, who retired as President of the High Court in June 2020 at the age of 70, added in his statement to The Irish Times that he would not be making any further comment.

Both retired judges were among four appointed last Tuesday to the DIFC courts in an online swearing-in ceremony presided over by Sheikh Mohammed bin Rashid Al Maktoum, vice president and prime minister of the United Arab Emirates, ruler of Dubai and president of the DIFC courts.

Mr Justice Clarke’s resignation came after questions were raised about whether his new position was compatible with his existing role as president of the Law Reform Commission.

The decision of Mr Justice Clarke and Mr Justice Kelly to take up senior roles in a commercial court based on common law in the UAE – a country with a chequered record on human rights – has been criticised by several well-known legal figures in Ireland.

The head of the Irish Council for Civil Liberties, Liam Herrick, said the appointments were concerning given the pattern of widespread and serious human rights violations in the UAE.

“It is a matter of legitimate concern that two of Ireland’s most senior retired judges were appointed to judicial roles by the UAE government,” he said.

Mr Justice Clarke clarified over the weekend that he had informed the Government via the attorney general, Paul Gallagher SC, about his appointment.